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QC court accepts late memo by Ampatuan defense counsels

By Benjamin Pulta

November 27, 2019, 3:25 pm

<p>Former ARMM governor Andal Ampatuan. <em>(Screenshot from PTV)</em></p>

Former ARMM governor Andal Ampatuan. (Screenshot from PTV)

MANILA -- The Quezon City Regional Trial Court (RTC) on Wednesday ruled to admit a last-ditch memorandum filed by defense counsels of principal accused Datu Andal Unsay Ampatuan in the Maguindanao massacre case.

In a two-page order dated Nov. 26, Quezon City RTC Branch 221 Judge Jocelyn A. Solis-Reyes said she allowed the filing of the defense's memorandum despite missing the deadline set by the court "in the higher interest of justice,"

"Obviously, accused-movant (Ampatuan's) memorandum was filed out of time. However, as no prejudice will be caused to anyone with the admission of the memorandum, in the higher interest of justice, the court hereby resolves to grant the relief," the court said.

"Further, it is understood that the filing thereto shall not interrupt the period to decide," the court further said.

Ampatuan's counsels claimed that the motion they filed last October 25 contained "facts and circumstances as well as the arguments and defenses...essential in order that the court will appreciate the contentions of the parties".

The prosecutors had opposed the defense's motion citing that it has been filed out of time, likewise citing "that the accused has been afforded due process for so many times...but consciously refused and failed to file his memorandum".

The prosecutors added that the defense's move is "clearly intended" to delay the scheduled promulgation of the court's decision.

Earlier this month, the Supreme Court (SC) granted the request of Solis-Reyes for more time to come up with a decision.

Chief Justice Diosdado Peralta said the court considered the huge volume of evidence and parties in the case in giving a 30-day extension to Solis-Reyes. Under court rules, all trial courts should promulgate their decision within the 90-day period after the case has been submitted for decision.

The case has been submitted for decision on August 22 which means the deadline for its promulgation should have been on November 20, three days before the massacre's 10th anniversary on November 23.

The Quezon City court now has until December 20 to decide on the case.

The attack resulted in the death of 58 people, including 32 journalists and media workers, the single worst peace-time incident involving the killing of newsmen.

Other victims were family members and supporters of the Ampatuan clan's political foe, Esmael Mangudadatu. (PNA)

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